What you need to know to be a responsible renter, landlord, neighbor

THE ISSUE: Under state law, renters and landlords have defined legal rights and responsibilities.

THE IMPACT: The laws will affect the thousands of Massachusetts residents who enter new leases on Sept. 1.

Gerry Tuoti Wicked Local Newsbank Editor

When entering a lease for a new apartment or home, it is important for landlords and tenants to know their rights and responsibilities, housing law experts say.

More than 35 percent of homes in Massachusetts are occupied by renters, and thousands of young adults are entering into new leases Sept. 1, particularly in communities with large populations of college students.

One of the most important things a tenant can do is thoroughly read and understand the terms of the lease, said housing attorney Julia Devanthery, who represents low-income clients through the Legal Services Center at Harvard Law School. Any claims or promises should be made in writing.

“Make sure you look at the apartment before you rent it,” Devanthery said. “Be mindful of conditions that need repair. Understand the terms of the lease. A lease is a contract. It often has teeny tiny print and jargon you may not be familiar with. You might just think, ‘I have a good feeling about this person who’s renting me the apartment and I really want it, so I’m just going to sign.’ You might subject yourself to terms you don’t understand.”

Devanthery is one of the authors of the 2017 edition of “Legal Tactics: Private Housing,” a handbook on tenants’ rights available for free online.

Tenants have a legal right to a safe, habitable apartment with functioning kitchen and bathroom equipment, and free from infestation.

Landlords have a legal right to receive rent payments on time and an expectation that the terms of a lease will be honored. A violation of the lease terms or failing to pay rent on time could be cause for eviction. Landlords also have a right to raise the rent by any amount at the end of a lease.

Landlord consultant Peter Shapiro, author of “The Good Landlord: A Guide to Making a Profit While Making a Difference,” said major landlords with many rental units often have access to property management staff, professional maintenance and legal counsel. More than half of rental properties statewide, though, are owned by small owners who don’t have professional help.

This map shows the concentration of rental housing in Massachusetts communities. The darker shades of green indicate a higher concentration of rental properties. Click on a city or town for details.

Resolving disputes

Particularly for smaller landlords, cultivating a relationship and open line of communication with tenants is very important, Shapiro said. That can create some flexibility if a tenant is late paying rent, or if a landlord is delayed in making a repair.

“I’m not arguing against either party using their rights, but often the first step should be to try to work things out, knowing they have their legal rights as a backup,” he said.

If a tenant has a problem and a repair is needed, he recommends notifying the landlord in a letter before going to the step of threatening to withhold rent.

Devanthery recommends that if a landlord fails to make a repair in a timely manner after being notified of the problem, tenants should contact the local board of health to conduct an inspection, which will document the conditions. That could provide the basis for seeking a court injunction.

If tenants decide to withhold rent, it can be a risky proposition, Devanthery said. They should keep the rent money accessible in case a court requires them to repay it.

If landlords have a problem with their tenants, they should first have a conversation, followed by a letter, before threatening eviction, Shapiro recommends.

He suggests that neighbors who have problems with tenants take a similar approach, writing to both the tenants and landlord.

“Making the landlord aware gives landlords leverage to persuade tenants to reduce noise and nuisance activity in the interest of a stable tenancy,” he said.

If that doesn’t work, Massachusetts law allows neighbors to seek an injunction in court to stop nuisance conditions. Legally, a nuisance is something a neighbor does continuously that prevents others’ use and enjoyment of their property. A single rowdy party wouldn’t qualify as a nuisance, but a repeated or continuous pattern of behavior could. Additionally, some cities and towns have local ordinances restricting excessive noise or loud music at certain hours.

Payments and Fees

One way landlords can financially protect themselves is by requiring all payments and documents be completed before allowing tenants to begin moving in.

Under state law, landlords may only collect upfront payments for the first and last month of rent, a security deposit and a lock and key fee upon entering a lease. But some landlords illegally charge additional fees.

For access to additional services, such as using a pool at an apartment complex, additional fees may be applied legally.

State law requires that landlords keep security deposits in an escrow account at a Massachusetts bank. The tenant is entitled to interest earned on the deposit, either in the form of a payment or a deduction in rent.

The purpose of the deposit is to cover damage the tenant causes to the apartment. If there is damage, the landlord must provide a signed, itemized list of the damage and repair estimates, otherwise the tenant may be entitled to sue for three times the amount of the deposit.

If there is no damage at the end of the lease, the deposit should be returned to the tenant.

Landlords are allowed to financially screen potential tenants, but are not allowed to discriminate against tenants who receive government assistance, such as Section 8, WIC or SNAP benefits. It is also illegal to discriminate based on race, religion, sexual orientation, marital status or age.

Landlords should be aware of local municipal regulations. In Boston, for example, it is illegal to rent to more than four unrelated people who are living in the same unit. Illegally overcrowded off-campus student apartments have come under increased scrutiny in recent years in cities such as Boston and Somerville.

For renters it is very important to understand all the terms of a lease, including all conditions and whether they are allowed to break the lease.

Under a tenancy based on a lease, the tenant and landlord typically agree on a one-year period of occupancy. A tenancy-at-will arrangement, on the other hand, is an agreement that the landlord or tenant can end at any time with 30 days notice.

“This is really about trying to make sure people navigating the legal court process without the benefit of a legal education or a lawyer by their side have a better understanding of the legal process and how to get an outcome that works for them and their families,” Devanthery said.